The Crime Report

DECEMBER 7, 2022

The 21st Session of the Assembly of State Parties to the Rome Statute of the International Criminal Court opened Monday in The Hague, The Netherlands, and will run through Saturday, December 10. . Updates on the International Criminal Court’s Activities. The Assembly of State Parties oversees and manages the ICC. .

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Court Statute Lawyer Lawyers 105

Trademark & Copyright Law

MAY 8, 2020

On April 27, the Supreme Court took us on a stroll down memory lane in its decision in Georgia v. The Court, applying logic from Wheaton v. Myers , based its decision on this doctrine, which limits copyright protection for works created by officials who are empowered to speak with the force of law. The Background.

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Government Court Legal Legal 52

Law 360

JUNE 3, 2021

Supreme Court on Thursday found that a Georgia police officer did not breach federal computer fraud law by overstepping his authorized access to government records, raising concerns that the U.S. Department of Justice's reading of the statute could criminalize innocuous internet activity.

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Government Laws Statute Court 52

LawSites

MARCH 11, 2024

The other is the continuing lack of public access to the law. We can never fully resolve the access to justice crisis unless we also resolve the lack of free and open access to the law. For many with legal problems, simply knowing the law and their rights is the first step toward achieving a resolution.

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Laws Legal Legal Legal Technology Solution 89

SCOTUSBlog

JUNE 3, 2021

United States provides the court’s first serious look at one of the most important criminal statutes involving computer-related crime, the federal Computer Fraud and Abuse Act. In this case, for example, a Georgia police officer named Nathan Van Buren took a bribe to run a license-plate check.

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Statute Laws Government Contract 115

Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

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Court Statute Lawyer Lawyers 52

SCOTUSBlog

MAY 19, 2022

Share In a 5-4 decision made on Monday, the Supreme Court held that federal courts lack jurisdiction to review factual findings made by the executive branch during deportation proceedings. First, the applicant must meet precise eligibility requirements under a federal statute. In interpreting a neighboring statute, 8 U.S.C.

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Immigration Court Statute Government 96

JURIST

DECEMBER 6, 2021

The Supreme Court heard oral arguments Monday in Patel v. Garland (“the immigration case”) asking whether a federal court can review a decision by an agency within the Department of Justice ruling that a person is ineligible for permanent residency and in Hughes v. Thus, Patel sought review before the Supreme Court.

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Immigration Court Government Statute 186

SCOTUSBlog

DECEMBER 7, 2021

Share The Supreme Court on Monday heard oral argument in Patel v. Garland , an immigration case that raises a question about federal court review for noncitizens who were denied certain types of discretionary relief. First, the applicant must meet precise eligibility requirements under the statute. In 2008, Patel marked “U.S.

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Immigration Court Statute Government 124

SCOTUSBlog

APRIL 27, 2022

Share The Supreme Court heard oral argument on Monday in Nance v. Ward , considering which of two procedural vehicles should be used to challenge Georgia’s planned execution method (lethal injection). If a state prisoner must use habeas litigation, then federal courts will almost never reach the merits of the claim.

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Court Litigation Litigating Statute 68

SCOTUSBlog

APRIL 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.

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Statute Stare Decisis Court Manufacturing 100

SCOTUSBlog

JUNE 23, 2022

Share On Thursday, a divided Supreme Court held that prisoners making Eighth Amendment challenges to a state’s execution method can proceed under 42 U.S.C. For many state prisoners, had the court decided the case the other way, even timely and meritorious Eighth Amendment claims would trigger no federal remedy.

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Litigation Litigating Statute Court 91

SCOTUSBlog

DECEMBER 10, 2021

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. In an unsigned opinion, the court ruled that Terence Andrus had demonstrated that his lawyer provided deficient performance at sentencing for failing to investigate or introduce mitigating evidence.

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Stare Decisis Court Court Rules Laws 89

SCOTUSBlog

MAY 27, 2022

Muslim prisoner argues that Georgia corrections’ limit on beard lengths violates his religious exercise. Ward , Lester Smith maintains that the Georgia Department of Corrections is not following the Supreme Court’s 2015 decision in Holt v. After Holt , Georgia corrections allowed all inmates to grow half-inch beards.

Diligence 75

Diligence Government Statute Misdemeanor 75

Constitutional Law Reporter

SEPTEMBER 22, 2021

Supreme Court struck down the federal government’s ban on evictions, which was scheduled to last until October 3, 2021. In an unsigned opinion, the divided Court held that the Centers for Disease Control and Prevention (CDC) exceeded its existing statutory authority by issuing a nationwide eviction moratorium. Facts of the Case.

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Court Statute Constitutional Law Government 105

SCOTUSBlog

SEPTEMBER 14, 2021

Share Tired of reading jargon-filled law review articles with hundreds of footnotes? The perfect antidote is Painting Constitutional Law: Xavier Cortada’s Images of Constitutional Rights , edited by Professors M.C. Mirow and Howard Wasserman. In a watershed decision in Gideon v. That faith was not misplaced.

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Court Constitutional Law Lawyer Lawyers 113

SCOTUSBlog

DECEMBER 17, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the prosecution in a case of illegal gun possession by a person with a nonimmigrant visa must prove he knew of his legal status, and the inquiry courts should follow in deciding to close the courtroom to the public.

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Statute Government Court Immigration 78

The Crime Report

SEPTEMBER 2, 2022

My research on capital punishment suggests that both the arguments of today’s abolitionists and the current stalemate can be traced back half a century to the Supreme Court’s 1972 decision in a landmark death penalty case: Furman v. In fact, five justices each wrote separate opinions concurring in the judgment of the court.

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Statute Lawyer Lawyers Court 105

SCOTUSBlog

DECEMBER 3, 2021

Garland raises an important question about whether a federal court can review a decision by an agency within the Department of Justice that a noncitizen is ineligible for a green card. The Supreme Court will hear oral argument in the case on Monday. Court of Appeals for the 11th Circuit. Share Patel v. citizenship.

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Immigration Statute Government Court 135

SCOTUSBlog

OCTOBER 12, 2023

Share The Supreme Court will hear oral argument on Dec. The argument in the Purdue Pharma case is one of eight cases scheduled for seven hours of oral argument in the court’s December argument calendar , which was released on Thursday morning. 5 in a challenge to the constitutionality of a federal law that required U.S.

Calendaring 62

Calendaring Manufacturing Statute Court 62

Day on Torts

FEBRUARY 24, 2021

4, 2020), plaintiffs lived in Georgia and had an umbrella insurance policy that included $2,000,000 in excess uninsured motorist coverage. The trial court agreed, granting summary judgment, but the Court of Appeals ruled that this statute was not intended to “apply to actions against an insurance agent.” In Parveen v.

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Statute Contract Court Laws 59

The IP Law Blog

APRIL 28, 2022

LinkedIn Corporation , in which the Court agreed with a lower court that had issued a preliminary injunction against LinkedIn from taking certain technical measures to prevent HiQ, a data analytics company, from “scraping” information from publicly available profiles on LinkedIn’s site. Supreme Court, Van Buren v. 1648 (2021).

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Statute Court Felony Technology 98

Conflict of Laws

AUGUST 2, 2021

On 1 July 2021, Mongolia deposited its instrument of acceptance of the Statute, becoming the 89th Member of the HCCH. On 30 July 2021, the HCCH 1970 Evidence Convention entered into force for Georgia. Membership. More information is available here. Conventions & Instruments . It currently has 120 Contracting Parties.

Drafting 52

Drafting Contract Depositions Statute 52

SCOTUSBlog

MARCH 28, 2022

Texas Department of Public Safety , to be argued on Tuesday, the Supreme Court will decide whether a private individual can sue his state-agency employer for violating the federal Uniformed Services Employment and Reemployment Rights Act of 1994. USERRA allows individuals to sue non-compliant employers in either state or federal court.

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Court Government Statute Felony 78

Constitutional Law Reporter

JUNE 29, 2021

Supreme Court held that an individual “exceeds authorized access” when he accesses a computer with authorization but then obtains information located in particular areas of the computer—such as files, folders, or databases— that are off-limits to him. A jury convicted Van Buren, and the District Court sentenced him to 18 months in prison.

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Statute Felony Constitutional Law Court 59

SCOTUSBlog

OCTOBER 4, 2022

It is the first day the court has welcomed the general public into the courtroom since early 2020. One is the justices’ law clerks, who are once again relegated to the alcoves on the right side of the courtroom. Roberts seems pleased to return to another tradition: Supreme Court Bar admissions in the courtroom.

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Law School Statute Court Drafting 82

SCOTUSBlog

JUNE 27, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Saul Cornell is the Paul and Diane Guenther chair in American history at Fordham University and adjunct professor of law at Fordham Law School. Bruen does mark a new low for the court.

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Laws Law Office Court Legal 145

Broadcast Law Blog

OCTOBER 27, 2017

In a decision this week, the Florida Supreme Court rejected claims by Flo & Eddie (of the 1960s band the Turtles) that there was a common law public performance right in pre-1972 sound recordings in the state of Florida (the opinion is available here ).

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Court Court Decisions Statute Laws 40

SCOTUSBlog

DECEMBER 11, 2020

The Supreme Court on Thursday unanimously reinstated the rape convictions of three former servicemen in United States v. The nine-page, 8-0 decision, with Justice Samuel Alito writing for the court and Justice Amy Coney Barrett not participating, reverses judgments of the U.S. Briggs and two consolidated cases.

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Statute Court Government Construction 103

LettersBlogatory

AUGUST 16, 2021

Amwins Brokerage of Georgia, LLC (9th Cir. The claims arose under Washington law and were brought in a federal court in Washington. The statute refers to “Acts of Congress” and not to federal law generally, so you may think that of course it could not preempt the Convention, which is a treaty, not an Act of Congress.

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Contract Statute Laws Court 52

SCOTUSBlog

APRIL 28, 2022

Share At the last Supreme Court oral argument of Justice Stephen Breyer’s career, the court stepped into a dispute over the state of Oklahoma’s criminal jurisdiction authority in Indian country. Oklahoma courts have extended the McGirt holding to include other Indian reservations, including that of the Cherokee Nation.

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Government Court Criminal Law Statute 96

SCOTUSBlog

JANUARY 12, 2021

The Supreme Court heard oral argument on Tuesday in the case of a Georgia student who was stopped from handing out religious literature and speaking about his faith on the campus of his public college. The question before the court on Tuesday in Uzuegbunam v. After the U.S.

Government 54

Government Compensatory Damages Statute Court 54

Conflict of Laws

MARCH 10, 2022

Several important developments relating to Membership and HCCH Conventions occurred during the meeting: El Salvador deposited its instrument of acceptance of the Statute, becoming the 91 st Member of the HCCH. On 1 January 2022, the HCCH 1965 Service Convention entered into force for Georgia. More information is available here.

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Depositions Drafting Litigation Litigating 40

The Crime Report

SEPTEMBER 16, 2021

The trial penalty that coaxes both the guilty and innocent to enter pleas is exacerbated by mandatory minimum statutes, which trigger automatic penalties if invoked by the prosecutor, as well as sentencing enhancements within the discretion of the prosecutor, such as whether to file notice with the court of a prior offense.

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Attorney Court Lawyer Lawyers 127

SCOTUSBlog

APRIL 22, 2022

Share The Supreme Court doesn’t care all that much for method-of-execution challenges. In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments. Since at least Nelson v.

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Litigation Litigating Statute Constitutional Law 95

Broadcast Law Blog

JULY 25, 2017

These sound recordings are not covered by Federal law. As the obligation to pay SoundExchange only applies to recordings covered by Federal law, some digital services were not paying for the performance of these songs. But that law stops short of full Federalization of pre-1972 sound recordings.

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Litigation Litigating Laws Drafting 45

SCOTUSBlog

MARCH 6, 2023

Share The Supreme Court on Monday morning added a maritime law case to its docket for the 2023-24 term and invited the federal government to submit briefs expressing its views in two more cases. Based on that provision, the district court dismissed Raiders’ counterclaims that were based on Pennsylvania law. But the U.S.

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Laws Court Statute Government 102